Articles from The Mediator
CT Again Enforces Prenup
Asking for a prenup was once considered marriage poison. But not any more. Prenups are now more common, and many people use mediation to develop them.
Prenups can address a variety of issues, such the financial terms in the event of divorce.
Problems typically arise in divorce situations when one spouse challenges the enforceability of a prenup. Often, the argument is that financial circumstances have changed so dramatically since the time of the prenup’s signing that enforcing it at the time of the divorce would be unfair.
The Connecticut Supreme Court has recently appeared to show a preference for enforcing prenups in certain circumstances, and this trend is continued in Crews v. Crews.
In Crews, applying case law and not the Connecticut Premarital Act, the Supreme Court held that a prenup can’t be invalidated just because things have changed dramatically since it was executed. Rather, the change must have been so unforeseeable when the prenup was first made. And this applies no matter how great the change, or how otherwise unfair it might be to enforce the prenup.